SEENIVASA THEVAR Vs. STATE

JUDGEMENT

(1.) IN Sessions Case No. 128 of 1986 on the file of the Additional Sessions Judge Ramanathapuram, the Appellant Seenivasa Thevar, the 1st accused was tried for an offence punishable under Section 302 of the Indian Penal Code, on the allegation that on 18 -12 -1985 at about 3.00 a.m., at Ayyavu Thevar punjai land, Kallipatti village, the Appellant (1st accused) stabbed one Raja Thevar alias Subbiah Thevar, the deceased, on the left clavicular area of his body, by means of a knife (M.O.3), and thereby caused his death, while his wife, the 2nd accused Kuruvammal caught hold of the deceased from behind him.

(2.) THE trial Court, after an elaborate trial, though acquitted the second accused Kuruvammal, wife of the Appellant, found the Appellant (1st accused) guilty of the charge under Section 302, I.P.C. and sentenced him to undergo imprisonment for life. The sustainability of the verdict of the learned trial Judge is challenged in this appeal by the 1st accused/appellant.

(3.) ON 18 -10 -1985 at 2.00 p.m., there was a wordy quarrel between the 2nd accused Kuruvammal and her son -in -law in front of her house. A crowd of children gathered there. P.W.3 Lingavel, the son of P.W.1 aged about 10 years was also one among the children in the crowd, watching the scene. One Lingammal, the daughter of 2nd accused, questioned P.W.3 Lingavel, as to why he came there and was watching the quarrel. She also mocked at him by lifting her leg. P.W.3 Lingavel replied that he was seeing the scene like the other children. In retaliation, he also lifted his leg and showed it to Lingammal. On getting enraged at this, 2nd accused Kuruvammal forcibly took P.W.3 Lingavel in side her house and beat him with a broom stick indiscriminately. Then P.W.3 Lingavel, came weeping. On the way, the deceased Raja Thevar who was sitting on the pial of his house asked P.W.3, as to why he was weeping. P.W.3 narrated the incident. Then, the deceased Raja Thevar went to the house of the accused and questioned the 2nd accused Kuruvammal, as to why she beat P.W.3 with a broom stick, merely for the reason that he was standing and watching the incident in front of her house like the other children. After a brief quarrel with 2nd accused, deceased came back home.